eSwatini
Finance Management and Audit Act, 1967
Act 18 of 1967
- Commenced on 25 April 1967
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Finance Management and Audit Act, 1967.[Amended A.3/1992]2. Interpretation
In this Act, unless the context otherwise requires—“Committee” means the Losses Committee referred to in section 22;[Added A.1/2005]“Consolidated Fund” means the fund referred to in section 126 of the Constitution;“controlling officer” means an officer designated by the Minister in terms of the Financial Management and Accounting Regulations as the officer responsible for the control of each head of expenditure and each item of revenue in the estimates of revenue and expenditure laid before Parliament in terms of section 128 of the Constitution;“Financial Management and Accounting Regulations” means regulations made by the Minister under section 26 and includes the instructions and regulations referred to in section 3;[Amended A.3/1992]“General Orders” means the regulations defining the conditions of service of public officers;“loss of public property” meanss the occurrence of any of the events referred to in paragraphs (a) to (d) of section 21;[Added A.1/2005]“meeting” has the meaning assigned to it in the Standing Orders of the House of Assembly (published under Legal Notice No. 52 of 1968);“Minister” means the Minister of Finance;“Principal Secretary” means the Principal Secretary for Finance;“public moneys” include—(a)all revenues or other moneys raised or received for the purposes of the Government;(b)any other moneys or funds held whether temporarily or otherwise, by any public officer in his official capacity, either alone or jointly with any other person, whether a public officer or not;“public officer” means any person employed by the Government and shall, for the purposes of section 7 and 21 to 28, but only for the purposes of those sections, include members of the Judiciary and Ministers;[Replaced A.1/2005]“special fund” means a fund established by or under section 12;“statutory expenditure” means expenditure charged by the Constitution, this Act or any other law (other than an appropriation law for the time being in force) on the Consolidated Fund or the revenues and public funds of Swaziland.[Amended A.3/1967; A.17/1970]3. Continuation of existing financial and accounting instructions and stores regulations
The Financial Management and Accounting Regulations and stores regulations issued under the authority of the Government and in operation immediately before the commencement of this Act shall have effect after such commencement as if they had been made under section 26, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Act.Part II – Finance
4. Consolidated Fund
5. Issue of money before commencement of Appropriation Act
If the Appropriation Act for any financial year has not come into operation by the beginning of that financial year the Minister may by warrant under his hand authorize the withdrawal from the Consolidated Fund of moneys to meet such expenditure as may be necessary to carry on the services of the Government until the expiry of four months from the beginning of that financial year or the coming into operation of that Appropriation Act, whichever is the earlier:Provided that—6. Contingencies Fund
7. Issue of other advances
8. Guarantees
The Minister may, in writing, guarantee the payment of a debt incurred or about to be incurred by any person and the issue of such guarantee shall be reported by him to the House of Assembly as soon as possible, but not later than at its next meeting immediately following upon the issue of such guarantee:Provided that he shall obtain the prior approval of such House before guaranteeing a debt in excess of E500,000.[Added A.17/1970]9. Trading accounts
The Minister may authorize the establishment of accounts to be known as trading accounts to which all expenditure (including that on personal emoluments) incurred and all revenue received for the purpose for which the trading accounts are established, shall be debited or credited as the case may be.10. Advances to Government
11. Deposits
12. Special funds (Schedule)
13. Sinking funds
Part III – Audit and accounts
14. Powers of auditors
[Repealed A.4/2005]15. Duties of Auditor-General
[Repealed A.4/2005]16. Powers of Auditor-General
[Repealed A.4/2005]17. Frauds, losses, etc.
[Repealed A.4/2005]18. Annual accounts
[Repealed A.4/2005]19. Annual certificates and reports of Auditor-General
[Repealed A.4/2005.]20. Accounts of statutory bodies
[Repealed A.4/2005]Part IV – Surcharge
[Added A.1/2005]21. Surcharge by Principal Secretary
If it appears to the Principal Secretary that any person who is or was a Public Officer—22. Losses Committee
23. Composition of the Committee
24. Referral of matter to Attorney-General
Where, in the investigation of a loss of public funds—25. Notification of surcharge
26. Withdrawal of surcharge
The Principal Secretary may on the recommendation of the Losses Committee withdraw any surcharge in respect of which a satisfactory explanation has been received, or if it otherwise appears that no surcharge should have been made, and in any such event the Principal Secretary shall notify the Auditor-General, the Accountant-General and the controlling officer of the department concerned of the withdrawal of that surcharge.[Added A.1/2005]27. Remedy of person aggrieved by surcharge
28. Recovery of surcharge
Part V – General
[Added A.1/2005]29. Financial Management and Accounting Regulations
The Minister may issue instructions, to be called Financial Management and Accounting Regulations, for the better carrying out of this Act, which without prejudice to the generality hereof may provide for—History of this document
01 December 1998 this version
Consolidation
22 December 1967
Commenced
25 April 1967
Commenced
Cited documents 0
Documents citing this one 54
Gazette 46
- Swaziland Government Gazette dated 1991-06-07 number 804
- Swaziland Government Gazette dated 1992-05-22 number 870
- Swaziland Government Gazette dated 1993-01-15 number 924
- Swaziland Government Gazette dated 1993-08-27 number 975
- Swaziland Government Gazette dated 1993-11-26 number 996
- Swaziland Government Gazette dated 1994-08-19 number 41
- Swaziland Government Gazette dated 1995-12-22 number 128
- Swaziland Government Gazette dated 1996-02-09 number 137
- Swaziland Government Gazette dated 1996-02-23 number 140
- Swaziland Government Gazette dated 1996-02-27 number 141
- Swaziland Government Gazette dated 1996-04-19 number 153
- Swaziland Government Gazette dated 1997-02-14 number 228
- Swaziland Government Gazette dated 1998-04-24 number 347
- Swaziland Government Gazette dated 1998-07-29 number 380
- Swaziland Government Gazette dated 1998-09-18 number 402
- Swaziland Government Gazette dated 1999-02-19 number 443
- Swaziland Government Gazette dated 1999-03-03 number 447
- Swaziland Government Gazette dated 1999-05-14 number 471
- Swaziland Government Gazette dated 2000-05-26 number 567
- Swaziland Government Gazette dated 2000-09-04 number 600
- Swaziland Government Gazette dated 2000-11-17 number 622
- Swaziland Government Gazette dated 2001-03-01 number 663
- Swaziland Government Gazette dated 2001-07-30 number 732
- Swaziland Government Gazette dated 2001-10-04 number 756
- Swaziland Government Gazette dated 2001-12-14 number 784
- Swaziland Government Gazette dated 2002-03-08 number 808
- Swaziland Government Gazette dated 2002-05-17 number 830
- Swaziland Government Gazette dated 2002-07-24 number 846
- Swaziland Government Gazette dated 2005-11-18 number 117
- Swaziland Government Gazette dated 2007-02-20 number 19
- Swaziland Government Gazette dated 2007-07-16 number 74
- Swaziland Government Gazette dated 2007-07-27 number 81
- Swaziland Government Gazette dated 2008-01-29 number 4
- Swaziland Government Gazette dated 2008-03-14 number 21
- Swaziland Government Gazette dated 2008-05-02 number 57
- Swaziland Government Gazette dated 2008-05-30 number 73
- Swaziland Government Gazette dated 2011-02-25 number 16
- Swaziland Government Gazette dated 2011-05-13 number 55
- Swaziland Government Gazette dated 2014-11-26 number 134
- Swaziland Government Gazette supplement dated 1977-09-02 number 847
- Swaziland Government Gazette supplement dated 1977-09-23 number 850
- Swaziland Government Gazette supplement dated 1992-12-11 number 917
- Swaziland Government Gazette supplement dated 1993-01-15 number 924
- Swaziland Government Gazette supplement dated 2011-02-25 number 16
- Swaziland Government Gazette supplement dated 2011-12-02 number 126
- Swaziland Government Gazette supplement dated 2013-08-09 number 103
Judgment 3
- Dlamini v Principal Secretary Ministry of Public Works and Transport and Others (2355 of 2003) [2006] SZHC 85 (3 May 2006)
- Mhlanga v Hlatshwayo and Another [1993] SZHC 15 (1 March 1993)
- Prime Minister Of Swaziland And Others v Mpd Marketing & Supplies (Pty) Ltd (Appeal Case 18 of 2007) [2007] SZSC 11 (15 November 2007)